On Wednesday, November 21, 2018, suspects facing trial over the theft of more than Sh226 million from the National Youth Service asked the court to restrain President Uhuru Kenyatta and other senior officials from publicly predicting convictions in the case.
Lead defence lawyer Assa Nyakundi told Chief Magistrate Douglas Ogoti that comments made in Kenya and abroad were prejudicing the accused and undermining their right to a fair hearing. He argued that politicians and State officers should not be discussing a matter that is already before court, especially by making declarations that the Judiciary will convict the suspects.
The remarks came after Mr Kenyatta, speaking in early November, said he was confident the corruption cases would end in convictions and the recovery of public assets that were allegedly stolen. In an interview on France24 TV in France on November 11, he said: “We believe that we have a solid case and have done all the necessary investigations. We are looking at what the Judiciary will do. I am confident that they will come through for the people of Kenya,”
Mr Nyakundi also asked the court to compel the prosecution to provide all documents it intended to rely on at trial. He said the defence should not be forced to face a case while still waiting for the full evidential bundle.
Other defence lawyers, Migos Ogamba and Stephen Ligunya, separately complained that the prosecution had not supplied all the evidence it planned to use. In response, Mr Ogoti directed both sides to go through the documents and ensure the accused are furnished with the material they need.
The accused include former Public Service and Youth Affairs principal secretary Lilian Omollo, former NYS director-general Richard Ndubai, and dozens of civil servants and business people. They are charged over alleged theft at NYS involving fictitious invoices for items such as firewood and stationery, as well as multiple payments made on a single supplier invoice.
The case has drawn wider attention because critics have pointed to the lack of convictions in earlier scandals that hit the Jubilee administration in its first term, including the Afya House saga and the first NYS scandal. That history has fuelled doubts over whether the current prosecutions will lead to jail terms.
Mr Kenyatta, however, maintained that the State had built a strong case and expected the courts to act. The matter remained before Chief Magistrate Douglas Ogoti for further handling of the evidence and trial documents.
